(1.) Writ Petition Nos.25466, 27046, 27104 and 34350 of 2023 are to the extent of imposing onerous condition of Technical/Experience Criteria stipulated under Clause 4.5.8 wherein a bidder is required to have an "Operations and Management" experience for a minimum period of 12 years in the last 25 years on license/lease/O and M basis for any Integrated Modern Abattoir Facility for both Cattle and Sheep established by a Central/State/ Local Government Department/Authority/ Corporation / Government Cooperative Federation in India and also not permitting the Consortiums from participating in the bidding process in terms of the said tender as being arbitrary illegal, irrational, discriminatory and unreasonable apart from being malafide and in violation of Article 14, 19(1)(g) and 21 of the Constitution of India and consequently
(2.) As the issue involved in all the writ petitions are related to tender condition in Notification No.684/T2/MAF/ TSSGDCFL/2021 dtd. 1/9/2023, all the writ petitions are being disposed of by way of this common order and W.P.No.18543 of 2024 is taken as the lead case.
(3.) The brief facts of the case as per the pleadings are that respondent No.2 has floated the tender on e-pronouncement platform for the work of "Redevelopment of Modern Abattoir Facility (MAF), Chengicherla on Redevelopment, Operate, Maintain and Transfer (ROMT) basis in PPP mode" with an estimated contract value of Rs.25.00 Crores for a License period of 30 years (15+15). As per the tender notification dtd. 1/9/2023, bids were to be submitted online and also by way of hard copies within the stipulated time as per the Request for Proposals (RFP) conditions. Respondent No.2 opened technical bid to evaluate the eligibility of the bidders meeting the criteria stipulated in the Bid notification. Thereafter, technical bids will be opened and after short listing, respondent No.2 would proceed to open the price bids only for short listed bidders and only the highest among them would be awarded with work.